Scottish universities may not be able to charge students from others parts of
the UK tuition fees under EU discrimination laws if the country votes for
independence

It may be illegal for Scottish universities to charge English students tuition fees while allowing youngsters from other parts of the EU to attend for free if the country votes for independence, legal experts have warned.

The Law Society of Scotland questioned whether their government had fully researched the planned policy of continuing to charge students from other parts of the UK in the event of a ‘yes’ vote.

It warned that such “discriminatory fee structures” were illegal under EU law.

Currently, Scottish universities charge students from England, Wales and Northern Ireland up to £9000-a-year while those living north of the border and in other EU member states attend for free.

In a paper calling for more clarity from sides of the debate, the Law Society stated: “The European Court of Justice has made it clear that directly discriminatory fee structures are inadmissible.”

The society, which represents Scottish solicitors, is appealing to the Yes and Better Together campaigns to provide further detail on plans for the economy, tax and currency so voters can make an “informed choice” on September 18.

It also called for “clear and detailed contingency plans” on issues such as the Scottish currency ahead of any negotiations with the UK and European Union.

The Scottish Government wants a formal currency union with the rest of the UK but Chancellor George Osborne has said a vote for independence would mean losing the pound.

Alistair Morris, Law Society president, said it could take years to set up a tax system for an independent Scotland and that transitional arrangements were needed "to provide taxpayer certainty".

The paper asks what plans would be in place if negotiations for membership to the EU were not concluded within the 18 months put forward by the Scottish Government.

The society also called on the main pro-union parties to provide further information on plans for devolution in the event of a No vote.

Its report questions how ongoing disagreements over what specific new powers should be devolved to the Scottish Parliament "would be reconciled".

Mr Morris said: “In just over two months, each Scot will be asked to cast a vote, arguably the most important vote in their lifetime.

“It is essential that everyone is equipped with the right information so each person can make up their mind and collectively deliver a decisive result.

“Yet despite much debate, a major White Paper, devolution commission reports, analysis papers and a draft Independence Bill, many of us believe important questions on Scotland's future remain unanswered.

“There continues to be uncertainty on fundamental issues including the currency we would use, EU membership, how our economy would succeed and what taxes we would pay.

“There are also questions over how further devolution can and would be delivered in the event of a no vote."

Speaking on behalf of Better Together,Sir Menzies Campbell said: "This is another well-timed and expert intervention which shows that with less than 70 days to go until the referendum the pressure is really on the Yes campaign to spell out their plans on currency and the EU.”

A Scottish Government spokeswoman said: "We have put forward our guide to independence in Scotland's Future, the most comprehensive and detailed blueprint of its kind ever published.”